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UNITED STATES v. FABRIC GARMENT CO.

Nos. 288, 289, Dockets 24732, 24733.

262 F.2d 631 (1958)

UNITED STATES of America, Appellee, v. FABRIC GARMENT CO., Inc., Joseph Abrams, and Harold Hyman, Defendants-Appellants. UNITED STATES of America, Appellee, v. FABRIC GARMENT CO., Inc., Mayflower Manufacturing Corp., Joseph Abrams, Harold Hyman, and Murray Berman, Defendants-Appellants, and Alert Trading Corp., and David Q. Hartman, Defendants.

United States Court of Appeals Second Circuit.

Decided December 30, 1958.

Attorney(s) appearing for the Case

Simon H. Rifkind, of Paul, Weiss, Rifkind, Wharton & Garrison, New York City (Paul, Weiss, Rifkind, Wharton & Garrison, Edward N. Costikyan, and Frederick S. Wyle, New York City on the brief), for Fabric Garment Co., Inc. and Joseph Abrams.

Milton C. Weisman and Cecelia H. Goetz, both of Weisman, Celler, Allan, Spett & Sheinberg, New York City (Weisman, Celler, Allan, Spett & Sheinberg, and Ralph J. Schwarz, Jr., New York City, on the brief), for Mayflower Manufacturing Corp., Murray Berman and Harold Hyman.

Alan W. Richenaker and Robert B. Fiske, Jr., Asst. U. S. Attys. for Southern District of New York, New York City (Paul W. Williams, U. S. Atty., and Charles H. Miller, Asst. U. S. Atty., S. D. N. Y., New York City, on the brief), for the United States.

Before HINCKS and WATERMAN, Circuit Judges, and RYAN, District Judge.

HINCKS, Circuit Judge.

This appeal grows out of two indictments which were consolidated for purposes of trial and appeal. One had been returned against Abrams, Hyman and Fabric Garment Co., Inc., plus Mayflower Manufacturing Corp., Berman, Alert Trading Corp. and Hartman, charging (1) the unlawful sale of approximately 19,000 yards of Government-owned wool serge, in violation of 18 U.S.C. § 641, and (2) a conspiracy to defraud the United States and to violate...

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